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In most Muslim-majority countries, the legislators who drafted family law codes sought to produce a codified version of one of the many Islamic fiqh schools. Such is the case, from West to East, for Morocco, Egypt, and Indonesia. There are situations, however, in which the law remains silent. In such cases, judges must turn to fiqh in order to find appropriate provisions. It is up to judges to interpret the law and to locate the relevant rule. In this process, judges use new interpretive techniques and modes of reasoning. After addressing institutional and legal transformations in Morocco, Egypt, and Indonesia, this article focuses on the domain of family law. We examine cases that illustrate how judges seek a solution in the body of fiqh when asked to authenticate a marriage. In conclusion, we put forward an argument about how judges who are required to refer to fiqh deal with this matter within the context of positive, codified, and standardized law. We argue that the methodology and epistemology adopted by contemporary judges, the legal material on which they draw, and the means by which they refer to this material have fundamentally altered the nature of legal cognition and of law itself.

e present study focuses on manuscript LOr 5626 from the archives of the Qadi of the Sultanate of Bantěn (1527-1813), in Indonesia. is codex is preserved in the Leiden University library, which acquired it from C. Snouck Hurgronje. It consists of the 'legal cases' brought before the Kiyahi Pěqih Najmuddin, the Islamic judge in Bantěn, by the inhabitants. e register, which covers the period from 1754 to 1756, is the oldest 'sijill' (court record) in Southeast Asia, and it contains cases on marriage, divorce, inheritance, litigation, private transactions, loans, debts, and violence. e manuscript demonstrates the judicial practice exercised by the qadi of Banten and reveals important ndings on the relationship between Islamic legal theory and practice is essay hopefully will contribute to Islamic legal history in general both by providing textual evidence that the qadi record (sijill) existed in Southeast Asia during the eighteenth century and by presenting its contents.

The article examines Islamic proselytization (dakwah) on Rodja Radio by Salafi preachers (dai). The radio program targets not only Salafis but also non-Salafi Muslims in general. It seeks to analyze the content of dakwah aired by Radio Rodja 756 AM., the leading Salafi radio station located in Cileungsi, Bogor, West Java. This article focuses mainly on current legal, social, and political issues of the Salafi dakwah. The dakwah aired by Rodja Radio intends to encourage the Muslim ummah to return to the way of life that strictly follows the tradition of the Prophet Muhammad and the first three generations of Muslims. The Salafi radio station propagates Islamic puritanism that in many ways contradicts modern values. Rodja Radio preachers demonstrate their reluctance to embrace modern ideas, such as democracy, human rights, women’s rights, and to some extent, art and education. This article reveals that the radio serves as a public sphere where the Salafis disseminate ‘Islamic Puritanism’ on Indonesian air.

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